Tambul Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45798 of 2015 Arising Out of PS.Case No. -98 Year- 2015 Thana -BARSOI District- KATIHAR ======================================================
1. Tambul Das, S/o Hari Das
2. Sukumar Das S/o Hari Das
3. Purani Das @ Torbi Das S/o Hari Das
4. Ujar Mahaldar, S/o Dilip Mahaldar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 332, 333, 307, 353, 427 and 504 of the Indian Penal Code.
The prosecution case is that on 28.08.2015, co-accused Devki Devi, petitioner no.2 Sukumar Das and others were settling the dispute in the campus of Kachna O.P.. On noise being made, the informant, being police officer of Kachna O.P., tried to pacify the matter but the accused persons attacked the police personnel with deadly weapon and damaged the public property. It is submitted by learned counsel for the petitioners
Patna High Court Cr.Misc. No.45798 of 2015 (2) dt.05-11-2015 2/2 that injury of Birendra Prasad was found to be superficial simple in nature. In fact, the accused persons were called to the police O.P. to settle the personal dispute but they were being assaulted at the hands of police causing fracture injury and in order to save their skin the police lodged the present case with false accusation. There is counter version of the occurrence and the accusation is omnibus and general.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned learned CJM, Katihar in connection with Barsoi (Kachna O.P.) P.S. Case No.98 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T